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Online Gambling Lawyer

Volume: 9 Issue: 10
( 2010)


News

The French Competition Council - the Conseil de la Concurrence - has announced it will investigate of its own initiative the level of competition in the French online gambling market, focusing on operators' commercial practices and pricing policies. The 15 September announcement - which comes five months after the Law on the liberalisation of online games operated a 'controlled opening' of the market to competition - outlined that the regulator's investigation will aim to clarify the market's legal framework. / read more

The European Commission (EC) has notified Romania it cannot accept the country's draft legislation aimed at regulating online gambling. In its detailed Opinion, sent to the Romanian Government on 5 October and not yet made public, the EC expressed its concerns about the compatibility of the draft law with current EU rules. / read more

New legislative proposals in the United States would make it easier for law enforcers to pick up illegal gambling transactions. The Financial Crimes Enforcement Network (FCEN), part of the Treasury Department, announced on 26 September it will put forward proposals to require financial institutions from 2012 to report to the FCEN all electronic transfers in and out of the US. / read more


Features

Since 2009 there have been glimmers of hope the United States might move towards a legalisation of online gambling. Since the online market was outlawed in 2006, huge efforts have been made to bring back online gambling. Expectations in and outside the United States were raised with the introduction of two bills in Congress in the last 18 months. / read more

Netherlands
EU
US / read more

Malta is currently one of the largest jurisdictions for remote gaming in Europe, with more than 360 active licences. A total ban or the absence of regulation are not options, as this would merely drive the industry underground and feed the black economy. Added to this, vulnerable players and consumers at large are better safeguarded if this industry is transparent and adequately regulated, thereby also controlling crime and money laundering. The technology neutral and 'futuristic' Remote Gaming Regulations (RGRs) were the key ingredients of the Maltese online gaming regulation. In fact, they were not only written to cater for online gaming but for any gaming provided through means of distance communications, foreseeing the technology convergence. / read more

As the internet gambling industry waits to see if the US Congress or a populous US State will pass legislation instituting a licensure and regulatory system for internet gambling, there is much discussion about what opportunities this will offer for non-US operators. Linda Shorey, Robert A. Lawton and Anthony R. Holtzman, of K&L Gates, look at two areas of concern that may impact the availability or the desirability of those business opportunities. / read more

Gambling operators can certainly benefit from knowing who their customers are, and why they choose to gamble. Professor Mark Griffiths and Abby McCormack, of Nottingham Trent University, discuss different socio-cultural player profiles, and assess how offline and online gambling platforms compare in this context. / read more

The Polish Government is working on new gambling legislation which it believes will liberalise and stabilise the national gambling market. The legislative efforts have been strongly criticised by many observers for being too restrictive and, thus, not compliant with EU law. Bartosz Andruszaniec, Senior Associate at Allen & Overy, shares his point of view on the government's recent legislative efforts. / read more

Fraud and cybercrime are a growing problem in the online gambling industry, with cybercriminals increasingly targeting customers' bank accounts and personal details. Darren Hodder, Director at Fraud Consulting, explains why this harms customers' confidence in the market and why, as a result, the online gambling market is missing out on potential growth. / read more

The European Court of Justice (ECJ) made crucial remarks on the functions and significance of the principle of EU law primacy in its September 2010 Winner Wetten decision. Thomas Talos, Arthur Stadler and Markus Arzt, of Brandl & Talos Attorneys at Law, examine the consequences and implications of the ECJ's ruling, especially in connection with recent preliminary decisions on gambling monopolies in Germany and Austria. / read more

Gambling markets in Eastern Europe are developing rapidly and gambling operators are expanding their activities. Latvia is no exception, but it is struggling to get a regulatory and legal framework in place which can tackle the issues surrounding online gambling. Janis Ungurs, Director of the Law Department at the Lotteries and Gambling Supervisory Inspection in Latvia, examines the country's current gambling legislation and discusses the influence of the European Union. / read more

Many would say that Alderney's success is down to its innovative and robust regulatory framework. Its previous single licence system served its purpose and has been extensively copied. However, the development of new business models and emerging markets meant that the legislation became an uneasy fit with the commercial realities of the developing market. / read more


About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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